Audience Participation

Two somewhat related requests:

Despite my relative certainty about the things I’ve discussed so far—the value and necessity of human reason, above all else—there are quite a few issues about which I don’t have ironclad opinions. In that vein, if there are any topics, specific or general, about which you would like me to post, please feel free to leave a comment here to that effect (or email me). I’ve got no scarcity of things to write about (he says, adding a twelfth post to his queue), but I’m genuinely curious about what sorts of things you’d like to see me write about, if you have any particular preference.

Speaking of issues on which I haven’t come to a decisive conclusion, I’d like to get a bit of conversation going about the concept of hate crime legislation. The ‘sensible’ position, at least in the circles in which I run, is that such laws would by definition be thought legislation, in that they place an additional criminal burden on anti-[group] thoughts above and beyond already-prohibited violent actions, thus violating the principle of freedom of conscience. The suggestion of this argument is that hate crime legislation would be on principle no different from a legal prohibition against bigoted thoughts—the only difference being that bigotry would be a secondary violation, so to speak. The obvious rebuttal here is that intent and mental state are already considered in the law in quite a few places, most notably in the various distinctions between degrees of murder/manslaughter. This seems to be more a matter of the absence or presence of intent than about the content of that intent, I suppose, but hate crimes could be represented similarly–the absence or presence of anti-[group] intent in the committing of a violent crime.

My instincts here run in two different directions. On the one hand, I am very receptive to the hesitance to regulate thought in any way, and to the theoretical dangers of encoding a sort of prohibition of certain beliefs, even if those beliefs are idiotic and hateful. I recognize that the burden rests on those doing the regulating, and that rights are assumed to exist unless otherwise specified. On the other hand, the “hate crime legislation -> thought crime” argument seems to me somewhat misleading; I’m not entirely ready to say that enforcing hate crime legislation would be the same in principle as enforcing a prohibition on bigoted thoughts. It should be noted that the desire to kill someone because of their sexual orientation/gender/race/etc. can and should be distinguished from the belief that someone is inferior because of those characteristics, though obviously they are fundamentally linked. The question there, I guess, would be whether there is something to the willingness to commit a hate crime besides the belief in the inferiority of the victim’s group and a willingness to kill in general, and I’m not really sure how to answer that. Society has a definite interest in decreasing the number of violent crimes committed, and this is one of the main functions of the legal prohibition on violent crime: to create a state where the cost of committing a certain crime (imprisonment, etc.) is greater than the perceived benefit of committing that crime (material gain, emotional satisfaction, etc.). Hate crime legislation would seem to act to create such a state of affairs by targeting one of the potential impulses towards violent crime. The other function of law is protection in a more direct sense, i.e. removing dangerously violent people from the general population so that they won’t kill people, and it seems to me that the thought crime argument is more relevant to this dimension of law. As a deterrent, though (see desire utilitarianism), it doesn’t seem to me entirely out of the question.

These beliefs do not always coincide with a feeling that the victims are inferior, but rather the perpetrators fear their victims. With rape, the struggle for power is more obvious, but even with hate crimes relating to race or gender-issues, I think people have first the underlying fear that they will somehow be undermined.

Have you looked into Scientology at all? They provide some interesting insight into why crime occurs.

As you point out, intent, especially where murder is concerned is important in evaluating the crime and the punishment. But hate crime legislation isn’t gauging “intent” per se, but the nature and cause of that intent, and that’s why it’s trying to criminalize thoughts. It doesn’t really make any difference if someone deliberately murders someone else because he’s a homosexual–it only matters that he deliberately murdered him, and that it wasn’t a mere accident. At best, his reasons for murdering him might be circumstantial evidence to show that he was indeed capable of committing murder, and had a reason for doing so.